Does the cultivation (ihya') of unowned land (mawat) require the permission of the ruler (Imam)?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
The cultivation of unowned land does not require the permission of the Imam. This view is held by Al-Shafi'i and the two disciples of Abu Hanifa (Abu Yusuf and Muhammad). The evidence is the general statement of the Prophet, peace be upon him: "Whoever cultivates dead land, it is his." Furthermore, this is considered permissible public property (ain mubahah), and its acquisition into private ownership does not require the Imam's permission, similar to gathering herbs, firewood, or freely available game and fruits in the mountains. The Imam's involvement in overseeing boundaries does not imply a requirement for permission, just as when someone stands at a water source for irrigation, the Imam requires them to take what they need and leave, which does not necessitate prior permission.
Supporting text
Abu Hanifa holds that permission from the Imam is necessary because the Imam has a supervisory role in such matters. He cites the example that if someone reserves unowned land without cultivating it, the Imam demands cultivation or abandonment, thus requiring the Imam's consent, similar to property belonging to the public treasury (Bayt al-Mal). However, property in the public treasury is owned by the Muslims, and the Imam arranges its disbursement, necessitating his permission, which differs from the current case of initially permissible resources.